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1996-11398-Ordinance No. 96-006 Recorded 3/28/1996m RNIEWED 9f.-31998 LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUN I T UREMN 0149-~1���� An Ordinance Amending Growth Management Chapter, Rural Development Section of * "'D Deschutes County Comprehensive Plan to Add Policies and Findings for the Wickiup Junction Rural Service Center and Declaring * � an Emergency. ORDINANCE NO. 96-006�� WHEREAS, The Board of County Commissioners has determined that to comply with Periodic Review and OAR 660 - Division 22, amendments to the Deschutes County Comprehensive Plan are required; and WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has considered the recommendation of the Planning Commission; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS as follows: Section 1. Deletion of Plan Treatment of Wickiup Junction Rural Service Center. The map of the Wickiup Junction rural service center in the rural development section of the Plan (found on Page 54 in the April 1993 codified version) is hereby deleted. Section . Adoption of Amendments to Unincorporated Communities Discussion of Comprehensive Plan. The Unincorporated Communities discussion of the Rural Development section, as amended, of the Comprehensive Plan is amended to add text, maps and policies relating to the Wickiup Junction Rural Service Center, as set forth in Exhibit "A" and by this reference incorporated herein. Section 3. Findings. Findings in support of adoption of amendments are attached hereto as exhibit "B", Staff Report - File No. TA959, and by this reference are incorporated herein. Section 4. Codification. Legal Counsel or the Code Book Review Committee shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the prescribed form and style for ordinance codification. Such codification shall include the authority to make format changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, Legal Counsel or the Code Book Review Committee may insert appropriate legislative history references. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Section 5. Corrections. This ordinance may be corrected by order of the Board of County Commissioners to cure editorial and clerical errors and to insert appropriate legislative history references. Ordinance 96-006 1 3/27/96 1996 MICROFILMED APR 1 91 96 0149-1986 Section 6. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or implied, of any ordinance, ordinance provision, code section or any map or any line on a map by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. Section 7. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance or any exhibit thereto is found to be invalid by a court of competent jurisdiction that decisions shall not affect the validity of the remaining portions of this ordinance. Sections 8. Emergency. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this�-�14- day ofhL�/�a- , 1996. TEST: /1 IC314 'da4-f Recording Secretary BOARD OF COUNTY C MMISSIONE OF DESCHVTES COUNTY,OREGON :J��_ •tRL 11WIlf,"ITA ABU, s ' vy -- L. NIPPER, BARRY H. SLAUGHTER, Commissioner Ordinance 96-006 2 3/27/96 0149--19 '� EXHIBIT "A" WICKIUP JUNCTION RURAL SERVICE CENTER Under the Administrative Rule for Unincorporated Communities, OAR 660, Division 22, Wickiup Junction meets the definition for a "Rural Service Center". According to the Rule, a "Rural Service Center" is an unincorporated community consisting primarily of commercial or industrial uses providing goods and services to the surrounding rural area or to persons traveling through the area, but which also includes some dwellings. The existing development in Wickiup Junction consists of a variety of commercial businesses such as automotive services, restaurants, bowling alley, motels and gas station/convenience market. Two fraternal organizations are also located here. Some residential development also exists. Recent land use actions and development within the Wickiup Junction Rural Service Center has converted existing buildings to new uses. The following information shows potential for new development in the Wickiup Junction Rural Service Center. LAND USE INVENTORY - WICKIUP JUNCTION s es .:.........:.::.:::::::: .................:::::::::::::::::......::::..:::::::::::::.......P...:::::::::::::::::::::::::::::::.::::.............. :............. n ed::Ta$ ::'t ts:::::::..........................:.::::::::::::::::::::::: aa� ...... Commercial 40 24 16 Tract* 30 14 16 Exempt* * 22 4 18 Total Tax Lots 1 92 1 42 50 'I L. `l.:;t:.;:.;:.;:.;:.;::.:;:.;:.;:.:.;:.;:.1..::..::::.;c:.:::.::: +4......................::::::::::::::::::::::............................::::::::::::.:::::::..........:...............:: .........::::::::.:::::...:.::::::::::::::::::::....::::::::::.:::::::::::::::.:::::::::::::::::::::::::::::::................ Commercial/ 92 42 50 Residential Districts Maximum 4 Potential new lots 92 Sewer available No Existing public water system Yes - one non -community system with one connection, serving 100 people. Total area 102 acres Road distance from nearest UGB 22 miles from Bend UGB * residential property or property used primarily for residential purposes. ** Tax exempt properties, i.e. church, county or state government. Wickiup Junction, as well as the surrounding area, is generally flat. Historically, the native vegetation in Ordinance 96-006 (Exhibit "A") 1 3/27/96 the area consisted primarily of lodgepole and ponderosa pines with an understory of grasses and shrubs. Much of the native vegetation in the surrounding area remains, except that trees have been thinned in conjunction with forest product operations and residential development. Land surrounding Wickiup Junction is zoned Rural Residential (RR -10 acre minimum lot size) and Forest Use 1. Land to the north and south of Wickiup Junction is currently federal land managed by the Bureau of Land Management. The Comprehensive Plan designation for the surrounding properties is Rural Residential Exception Area and Forest. The development pattern west of the Rural Service Center consists of single family residences on small lots. See Figure 1 for location of surrounding residential development. As a result of these subdivisions, the rural service center serves a large population base in the south county. U.S. Highway 97 runs along the majority of the western boundary of the Rural Service Center. Burgess Road intersects Highway 97 along the southern boundary of the Rural Service Center. Both of these roads are two lanes and paved. Highway 97 is designated as a Primary Highway by Deschutes County while Burgess road is classified as a Collector. Local streets provide internal access to Wickiup Junction. The Great Northern Railroad runs parallel to Highway 97 west of the Rural Service Center boundary. Wickiup Junction is within the La Pine Fire Protection District. The Wickiup Junction Rural Service Center contains one comprehensive plan designation, commercial/residential and one zoning designation commercial/residential district. See Figures 2 and 3. WICKIUP JUNCTION RURAL SERVICE CENTER POLICIES Wickiup Junction shall be designated as a rural service center in recognition of its function of providing goods and services to the surrounding rural residential areas and to travelers passing through on Highway 97, and also its function of providing housing for residents within the boundaries of the area identified herein as Wickiup Junction. 2. One zoning district limited to residential and small-scale commercial uses shall be established. The County shall encourage mixed residential and commercial uses. 4. The County shall work with the La Pine Special Sewer District to expand the La Pine Special Sewer District to serve the Wickiup Junction Rural Service Center. The County shall support traffic safety improvements to Burgess Road where it connects with Highway 97. 6. The County shall work with the Oregon Department of Transportation to slow traffic to posted speeds using a combination of enforcement and traffic -calming techniques (extended curbs, landscaping, raised medians, etc.) along Highway 97 through the Wickiup Junction Rural Service Center. 7. The County shall work with the Oregon Department of Transportation to adopt and implement consistent standards regarding left turn lanes, raised medians, driveway spacing, acceleration/deceleration lanes, turn refuges and means to enhance the local street network to Ordinance 96-006 (Exhibit "A") 2 3/27/96 0149-1989 handle local traffic and relieve congestion in the Wickiup Junction Rural Service Center. An applicant for a new use other than a use that is permitted outright must demonstrate that the affected transportation facilities are adequate to serve the proposed use, considering the functional classifications, capacity and the level of service of such facilities. The County shall require curbs and sidewalks for new development in the Commercial/Residential District except on Highway 97 to the extent allowed by law. 10. If Deschutes County determines that it must expand the boundary of the Wickiup Junction Rural Service Center, it shall follow the criteria listed in OAR 660-04-022. Ordinance 96-006 (Exhibit "A") 3 3/27/96 0149-1990 Surrounding Rural Area ,^ ^ ` ~ ^.' , ~ ] ^^^~ ---__ ^ ---------------------- --'�-------- ------~--------'--------------------..-----------/ 1 u 1 u o 4 5 O 7 o 3 10 Miles Mimi Principal Arterial N Rural Collector Forest Highway E RR 10 Zone ' �um�/Line - [� Figure 2 Wickiup Junction Rural Service Center Comprehensive Plan 0149-1991 0.25 0 0.25 0.5 0.75 1 Miles Rural Service Center Boundary Parcels Commercial/Residential Map Created: 3/19/96 N —Af— E S m EXHIBIT "B" STAFF REPORT - WICKIUP JUNCTION FILE NUMBER AND ORDINANCE 0149-1993 NUMBERS: TA959; Ordinance 96-006 Wickiup Junction Comprehensive Plan Text Amendment; Ordinance 96-007 Wickiup Junction Zoning Ordinance Text Amendment; Ordinance 96-008 Wickiup Junction Comprehensive Plan Map Amendment; Ordinance 96-009 Wickiup Junction Zoning Map Amendment. BOARD OF COUNTY COMMISSIONERS HEARING DATE: February 1, 1996 APPLICANT: Deschutes County REQUEST: The request is to amend the Deschutes County Comprehensive Plan and Zoning Ordinance (Title 18) for Wickiup Junction. These amendments are required for periodic review. SUMMARY: This report provides findings to support zoning and plan amendments required to comply with the administrative rules for unincorporated communities. (OAR 660-22) BACKGROUND: Deschutes County held an open house public meeting in La Pine during June 1995. Notice was sent to all property owners within the La Pine Urban Unincorporated Community and the Wickiup Junction Rural Service Center. In addition, notice was placed in local newspapers and staff attended multiple community group meetings to announce the open house public meeting. This meeting was held to inform the community about the proposal to amend plan provisions and land use regulations for these communities. In addition, it was an opportunity for the community talk about issues related to transportation, land use and growth with county staff. The county was looking for input in order to update the comprehensive plan and zoning ordinance to reflect current community expectations in addition to the changing the regulations in order to comply with the new state rules. At this meeting, a survey was handed out to all participants requesting feedback on existing policies in the comprehensive plan STAFF REPORT - FILE NO. TA959 1 Wickiup Junction 3/27/96 0149-1994 and asking what other policies should be added. Following the June meeting, staff compiled survey information and completed a draft proposal to take to the Deschutes County Planning Commission in September. During the months of September and October, the Planning Commission reworked the draft until they felt comfortable with the proposal. Next, the Deschutes County Planning Commission held a public hearing on November 9, 1995 in La Pine to present the draft proposal. Again, a direct mailing to all affected property owners was accomplished to inform residents of the community of this public hearing. Following the public hearing, the Planning Commission working for approximately two and a half months to finalize the draft before sending it on to the Board of County Commissioners for review and approval. STAFF FINDINGS REGARDING GOAL 11 AND 14 AMENDMENTS AND OAR 660, DIVISION 22 UNINCORPORATED COMMUNITIES The following text in italics is directly from OAR 660, Division 22 Unincorporated Communities. Designation of Community Areas 660-22-020 (1) Except as provided in OAR 660-22-070, county comprehensive plans shall designate and identify unincorporated communities in accordance with the definitions in OAR 660-22-010. Counties may amend these designations as circumstances change over time. FINDING: Wickiup Junction meets the definition for a "Rural Service Center". See the draft comprehensive plan section for Wickiup Junction for more information on how this unincorporated community meets the definitions provided in OAR 660-22-010. In addition, the 1996 comprehensive plan and zoning maps reflect these new definitions, as well as the language changes proposed for the comprehensive plan and zoning ordinance. (2) Counties shall determine boundaries of unincorporated communities in order to distinguish lands within the community from adjacent exception areas, resource lands and other rural lands. FINDING: The 1996 comprehensive plan and zoning map for Wickiup Junction is developed at a scale sufficient to allow one to distinguish lands within the community from adjacent areas, resource lands and other rural lands. (3) The boundaries of unincorporated communities shall be shown on the county comprehensive plan map at a scale sufficient to determine accurately which properties are included. Only land STAFF REPORT - FILE NO. TA959 2 Wickiup Junction 3/27/96 meeting the following criteria may be included within an unincorporated community: (a) Land which has been acknowledged as an exception area and historically considered to be part of the community; (b) Land planned and zoned for farm or forest use which is contiguous to the community area and contains public uses considered to be part of the community, provided such land remains planned and zoned under Goals 3 or 4. FINDING: All of the land included in the boundary is currently an acknowledged exception area and has been historically considered part of the community. The Wickiup Junction Rural Service Center (RSC) approximately follows the Wickiup Junction Rural Service Center boundary map identified in the Deschutes County Comprehensive Plan adopted in 1978. The map provided in the 1978 Comprehensive Plan is not parcel specific. When this map was transferred to a parcel map, the boundary lines divided many parcels. The 1996 Wickiup Junction Rural Service Center comprehensive plan and zoning maps include all the properties that are currently split by the boundary. The 1996 map is a cleanup of the boundary lines. It includes all the property located west of the Oregon Department of Transportation property and east of Highway 97. The Oregon Department of Transportation property is a right-of-way in a long narrow tax lot extending north to south the whole length of the RSC boundary. The intersection of Drafter Road and Highway 97 is the north boundary of the RSC and the intersection of Burgess Road and Highway 97 is the south boundary line. This includes all the small lots that border along Highway 97. Also included in the 1996 RSC maps is the tax lot located directly adjacent to the 1978 RSC west boundary line. This tax lot located off of Burgess Road contains a church. Because the use of this property is a community use the County felt it was appropriate to include it in the RSC boundary. The 1996 Wickiup Junction comprehensive plan and zoning maps will supersede all previous Wickiup Junction comprehensive plan and zoning maps. The maps are parcel specific. (4) Communities which meet the definitions in both 660-22-010(5) and (8) shall be classified and planned as either resort communities or urban unincorporated communities. FINDING: Wickiup Junction does not meet the definitions in 660-22-010(5) and (8). Therefore, this requirement is not applicable. Planning and Zoning of Unincorporated Communities 660-22-030 (1) For rural communities, resort communities and urban unincorporated communities, counties shall adopt individual plan and zone designations reflecting the projected use for each property (e.g., residential, commercial, industrial, public) for all land in each community. Changes in plan or zone designation shall follow the requirements of the applicable STAFF REPORT - FILE NO. TA959 3 Wickiup Junction 3/27/96 0149-1990 post -acknowledgment provisions of ORS 197.610 through 197.625. FINDING: The 1996 Wickiup Junction comprehensive plan map contains one plan designation, commercial/residential and one zoning map designation commercial/residential district. (2) County plans and land use regulations may authorize any residential use and density in unincorporated communities, subject to the requirements of this division. FINDING: Residential uses are allowed in the Wickiup Junction commercial/residential district. (3) County plans and land use regulations may authorize only the following new industrial uses in unincorporated communities: (a) Uses authorized under Goals 3 and 4; (b) Expansion of a use existing on the date of this rule; (c) Small-scale, low impact uses; (d) Uses that require proximity to rural resource, as defined in OAR 660-04-022(3)(a); (e) New uses that will not exceed the capacity of water and sewer service available to the site on the effective date of this rule, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage; (fi New uses more intensive than those allowed under subsection (a) through (e) above, provided an analysis set forth in the comprehensive plan demonstrates, and land use regulations ensure: (A) That such uses are necessary to provide employment that does not exceed the total projected workforce within the community and the surrounding rural area, (B) That such uses would not rely upon a workforce served by uses within urban growth boundaries, and (C) That the determination of the workforce of the community and surrounding rural area considers the total industrial and commercial employment in the community and is coordinated with employment projections for nearby urban growth boundaries. FINDING: The Wickiup Junction zoning ordinance language does not permit industrial uses. (4) County plans and land use regulations may authorize only the following new commercial uses in unincorporated communities: (a) Uses authorized under Goals 3 and 4; (b) Small-scale, low impact uses; (c) Uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area. FINDING: The Wickiup Junction zoning ordinance language permits only small-scale, low impact uses. (5) County plans and land use regulations may authorize hotels and motels in unincorporated STAFF REPORT - FILE NO. TA959 4 Wickiup Junction 3/27/96 0149-199-1 communities only if served by a community sewer system and only as provided in (a) through (c) of this section: (a) Any number of new motel and hotel units may be allowed in resort communities. (b) New motels and hotels up to 35 units may be allowed in an urban unincorporated community, rural service center, or rural community if the unincorporated community is at least 10 miles from the urban growth boundary of a city adjacent to Interstate Highway 5. (c ) New motels and hotels up to 100 units may be allowed in any urban unincorporated community that is at least 10 miles from an urban growth boundary. FINDING: The proposed Wickiup Junction zoning ordinance language limits new motels and hotels to 35 units provided the use is served by a community sewer system as defined in OAR 660-22-010(2). (6) County plans and land use regulations shall ensure that new uses authorized within unincorporated communities do not adversely affect agricultural or forestry uses. FINDING: Most of the land surrounding the Wickiup Junction RSC is zoned Rural Residential. The eastern boundary is an Oregon Department of Transportation right-of-way which provides a buffer between the Rural Service Center and commercial forest uses. However because this land is zoned for forest use, a 100 foot setback is required by the zoning regulations (Chapter 18.62.020(6)). (7) County plans and land use regulations shall allow only those uses which are consistent with the identified function, capacity and level of service of transportation facilities serving the community, pursuant to OAR 660-12-060(1)(a) through (c). FINDING: When a development proposal is submitted to the County, the impact of the proposed development on the existing transportation facilities is evaluated. Often improvements to transportation facilities are required of developers to mitigate development impacts. In addition, the County is currently working on a countywide transportation system plan that will address transportation facilities located within the Wickiup Junction RSC. (8) Zoning applied to lands within unincorporated communities shall ensure that the cumulative development: (A) Will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations, and (B) Will not exceed the carrying capacity of the soil or of existing water supply resources and sewer services. FINDING: Wickiup Junction RSC is subject to the requirements of the Deschutes County Environmental Health Division. The Deschutes County Environmental Health Division is responsible for enforcing state and federal water quality regulations and ensuring new STAFF REPORT - FILE NO. TA959 5 Wickiup Junction 3/27/96 0149-1998 development will not exceed the carrying capacity of the soil or of existing water supply resources and sewer services. In addition, the zoning regulations set minimum dimensional standards for new lots that are sufficient to accommodate on site septic systems. According to the La Pine Public Facilities Plan, the La Pine sewer treatment facility has the capacity and plans to provide sewer services to the Wickiup Junction RSC. (9) County plan and land use regulations for lands within unincorporated communities shall be consistent with acknowledged metropolitan regional goals and objectives, applicable regional functional plans and regional framework plan components of metropolitan service districts. FINDING: No metropolitan service district currently exists within Deschutes County. Therefore, this criteria is not applicable. COAA4UNI TY P UBLIC FACILITY PLANS 660-22-050 (1) In coordination with special districts, counties shall adopt public facility plans meeting the requirements of OAR 660, Division 11, and include them in the comprehensive plan for unincorporated communities over 2,500 in population. FINDING: Wickiup Junction is a Rural Service Center and the County is therefore not required to adopt a public facility plan for Wickiup Junction. The public facility plan for La Pine addresses possible future sewer service to Wickiup Junction. COORDINATIONAND CITIZENIINVOLVEVENT 660-22-060 (1) Counties shall ensure that residents of unincorporated communities have adequate opportunities to participate in all phases of the planning process. Counties shall provide such opportunities in accordance with their acknowledged citizen involvement programs. (2) When a county proposes to designate an unincorporated community or to amend plan provisions or land use regulations that apply to such a community, the county shall specify the following: (a) How residents of the community and surrounding area will be informed about the proposal; FINDING: Deschutes County held an open house public meeting in La Pine during June 1995. Notice was sent to all property owners within the La Pine Urban Unincorporated Community and the Wickiup Junction Rural Service Center. In addition, notice was placed in local newspapers and staff attended multiple community group meetings to announce the open house public meeting. This meeting was held to inform the community about the proposal to amend plan provisions and land use regulations for these communities. In addition, it was an opportunity for the community talk about issues related to transportation, land use and growth STAFF REPORT - FILE NO. TA959 6 Wickiup Junction 3/27/96 0149-1999 with county staff. The county was looking for input in order to update the comprehensive plan and zoning ordinance to reflect current community expectations in addition to the changing the regulations in order to comply with the new state rules. At this meeting, a survey was handed out to all participants requesting feedback on existing policies in the comprehensive plan and asking what other policies should be added. Following the June meeting, staff compiled survey information and completed a draft proposal to take to the Deschutes County Planning Commission in September. During the months of September and October, the Planning Commission reworked the draft until they felt comfortable with the proposal. Next, the Deschutes County Planning Commission held a public hearing on November 9, 1995 in La Pine to present the draft proposal. Again, a direct mailing to all affected property owners was accomplished to inform residents of the community of this public hearing. Following the public hearing, the Planning Commission worked for approximately two and a half months to finalize the draft before sending in on to the Board of County Commissioners for review and approval. (b) How far in advance of the final decision residents of the community and the surrounding area will be informed about the proposal. FINDING: The County sent the newsletter to all the property owners two weeks before the public meeting in June and the Deschutes County Planning Commission meeting in November. Within both newsletters, a time line addressing the approximate completion date for this project was included. (c) Which citizen advisory committees will be notified of the proposal. FINDING: County staff has notified the following citizen advisory committees: La Pine Community Action Team La Pine Industrial Group, Inc. La Pine Special Sewer District Board (3) The information on these three points shall be included in the appropriate plan amendment proposal or periodic review work task. FINDING: Information on these three points are provided above. (4) When a county proposes to designate an urban unincorporated community, the county shall adopt a citizen involvement program for that community in accordance with the provisions of Goal 1, Citizen Involvement. STAFF REPORT - FILE NO. TA959 7 Wickiup Junction 3/27/96 0149-2000 FINDING: The citizen involvement program was stated above under subsection (a). (S) Proposals to designate, plan, or zone unincorporated communities shall be coordinated with all special districts, metropolitan service districts, and cities likely to be affected by such actions. For any unincorporated community, such coordination shall include a minimum of 45 -day mailed notice to all cities and special districts (including metropolitan service districts) located within the distance described in OAR 660-22-040(2). FINDING: Special districts for Wickiup Junction include the La Pine Rural Fire Protection District, the La Pine Parks and Recreation District,' and the Bend -La Pine School District. Public notice for all meetings has been sent to the above mentioned districts. STAFF REPORT - FILE NO. TA959 8 Wickiup Junction 3/27/96